June 01, 2010

Motion to withdraw in Stanford case denied

R. Allen Stanford and Houston criminal-defense attorney Michael Essmyer are stuck with each other. Today, Senior U.S. District Judge David Hittner of the Southern District of Texas signed an order denying Essmyer’s motion to withdraw as counsel for Stanford, the jailed Houston businessman. Essmyer and his firm, Essmyer, Tritico & Rainey of Houston, filed a motion in May asking Hittner to allow them to withdraw from Stanford’s criminal case due to “irreconcilable differences” with criminal-defense attorney Robert S. Bennett, of Bennett Nguyen Joint Venture, over litigation strategy and “other matters.” In that motion, Essmyer and his firm also noted that Stanford sent them a letter on May 14 terminating them. In the order today denying Essmyer’s request to withdraw from the case, Hittner also ordered Bennett to assume the role of “lead counsel” for Stanford. In a separate order, Hittner also ordered Bennett to deliver to Essmyer by June 4 copies of materials Bennett filed under seal on May 24 in United States v. Robert Allen Stanford, et al., which Essmyer had requested in a different motion. Essmyer’s response to Hittner’s order today: “Interesting.” Essmyer says he’s not sure about his next step but notes that “the court is always right.” The order today doesn’t address Essmyer, Tritico’s request to withdraw from the case, but Essmyer says he’s the only lawyer from the firm on the case to defend Stanford. When granting an order to substitute Essmyer and Bennett as counsel for Stanford on April 6, Hittner told Stanford in no uncertain terms that he would not be allowed to substitute attorneys again. Stanford goes to trial on criminal charges in January 2011. “The bottom line: Do you understand Mr. Bennett and Mr. Essmyer will be your lead attorneys?" Hittner asked Stanford at that hearing. Bennett did not immediately return a telephone message left at his office. Stanford has pleaded not guilty to fraud and conspiracy charges related to an alleged conspiracy to defraud investors who bought about $7 billion in certificates of deposit sold through Stanford International Bank Ltd. -- Brenda Sapino Jeffreys